Legal Blog

Changes to the Salary Level Under the Fair Labor Standards Act

November 17, 2016

There has been a lot of publicity about the regulatory changes that take effect December 1, 2016 under the Fair Labor Standards Act (“FLSA”). This article gives an overview of the change.

Trusts Protectors: A Concept Whose Time Has Come

November 07, 2016

In the evolution over the last 50 to 60 years of trusts in a variety of contexts including offshore trusts, a new concept has surfaced which is now being more broadly applied in the context of estate and asset protection planning. The concept is...

Special Needs Trust: The Importance of Getting it Right

November 03, 2016

It is commonplace today that most families either have knowledge of or may even have a family member who is a special needs individual. Special needs individuals, whether by virtue of a physical disability or mental disability, are often entitled...

When Can My Child Testify In Court In A Custody/Visitation Case About Where He/She Wants To Live?

November 01, 2016

I am often told by clients that their child is 12 years old (or fill in the blank with any age 12 or older) and that their child can decide where he or she wants to live. While some states may have statutory or case law setting forth the age after...

Family Conflict Among Siblings and Cousins: Clarity is Key

October 19, 2016

In the current financial times in which we live, where often times the structure of the family is complex, it has become increasingly prevalent that siblings or half-siblings and on some occasions, cousins will get into significant conflicts...

It's Alive! Federal Court Finds A Pulse in the Expired Protecting Tenants at Foreclosure Act

October 19, 2016

In February of 2009, during the height of the residential foreclosure crisis, this column discussed the federal Protecting Tenants at Foreclosure Act (the “Protecting Tenants Act”). That federal law was meant to provide some protection to tenants...

Portability and Pre-Marital Agreements: Who Gets the Benefit?

October 17, 2016

There is a unique interaction between estate taxation and family law which has arisen as a result of the portability election for estate taxes which was enacted several years ago. Portability is the concept of allowing a surviving spouse to...

Virginia Adopts Transfer on Death Deeds

September 13, 2016

Imagine that a listing agent meets with a property owner about potentially listing the owner’s property for sale. During the meeting, the owner reveals that he recently signed and recorded a deed transferring the property to his daughter. Can the...

Interfamily Notes and Refinancing

September 12, 2016

An often overlooked technique when it comes to family planning is the interfamily loan. For a number of years, the primary focus with respect to transfers between family members was the potential tax for gift and estate tax purposes which could be...

The SCRA Is Not Bulletproof

August 15, 2016

​The Servicemembers’ Civil Relief Act (“SCRA”) is a powerful shield protecting military servicemembers against overreaching by creditors. The United States Supreme Court has opined that the SCRA should be read “with an eye friendly to those who...